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KOERNER v. CITY OF WICHITA

No. 42,881

190 Kan. 663 (1963)

378 P.2d 42

OTTO J. KOERNER and ROSETTA A. KOERNER, Appellants, v. CITY OF WICHITA, a Municipal Corporation, and C.H. FUNK, Clerk of the City of Wichita, Appellees.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Otto J. Koerner, of Wichita, argued the cause, and Lee R. Meador and John B. Wooley, both of Wichita, were with him on the briefs for appellants.

Eugene L. Pirtle, of Wichita, argued the cause and Fred W. Aley, of Wichita, was with him on the briefs for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

The appellants brought the within suit to declare unlawful and void an assessment for the sanitary sewer connecting their home to the sewage system of the City of Wichita and asking that it be enjoined. The trial court sustained a demurrer to the plaintiffs' evidence and gave judgment for the city. Hence, this appeal.

The statutes followed by the city in constructing the lateral sewer here involved...

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